In Interest of K.C.C., K.M.C., and K.J.C. – Termination of Parental Rights
Clear and convincing proof must be shown by the state to terminate parental rights. As for the father, the record reveals noncompliance based on financial circumstances. [...]
In re Stefanel C. – Child Neglect – Prenatal Drug Use
Ordinarily a child will not be found to have been neglected where there has been prenatal drug use unless such use resulted in the parent’s failure to exercise the minimum degree of care which caused the child’s condition to be impaired or to be in imminent danger of becoming impaired. [...]
State v. J.Q. – Child Testimony in Child Abuse Cases
The court held that the evidence of CSAAS was not offered to explain the conflicting behavioral traits in this case either of accommodation or delayed disclosure. The court found that the symptoms appeared to be generic post traumatic symptoms rather than the symptoms Dr. Summit had described. [...]
Commonwealth v. Raposo – Parental Duty to Protect
An omission by a parent to act to protect her minor children does not infer an intent to bring about a crime such that the parent is guilty of being an accessory before the fact. The state argues that the mother had a common law duty to protect her child from harm and that her failure to take reasonable steps to fulfill that duty was an omission sufficient to make her liable as an accessory. [...]
Emancipation of Minors
Emancipation is the relinquishment or giving up of parental control over the child, and conferring on the child the right to his or her own earnings and terminating the parent’s legal obligation to support the child. The Mississippi statute governing the status of emancipated minors states that the parent’s duty to support the child terminates upon the emancipation of the child. [...]
In re Ethan H. – Corporal Punishment
To find that a child was physically injured or abused there must be a finding that this was done under circumstances indicating harm or threatened harm to the child’s life, health or welfare. [...]
Estelle v. McGuire – Child Abuse
A federal court is limited to deciding whether a conviction violated the Constitution, laws or treaties of the United States. Federal habeas corpus review is not available for a state error of law, i.e. the admission of prior evidence to establish battered child syndrome, when there was no evidence linking McGuire to the prior injuries. [...]
Villareal v. State Dept. of Transportation – Loss of Parental Consortium
Society has increased recognition and awareness of children as persons with rights. The United States Supreme Court has recognized the right of children to due process and equal protection. [...]
Parham v. J.R. – Voluntary Commitment to Psychiatric Hospitals
Parham v. J.R. 442 U.S. 584, 99 S.Ct. 2493, 61 L.Ed.2d 101 (1979).
NATURE OF THE CASE: This lawsuit involved a due process dispute over mental health care for a minor child.
FACTS: J.L. (P) was a minor child undergoing treatment in a Georgia state mental health hospital. P was part of a class action suit under [...]
Care and Protection of Beth – Persistent Vegetative State
A judge may rule on substituted judgment on a minor child who was less then three months old when she entered a vegetative state and who is now five and half years old.